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Poster: Darrell Wright Date: Feb 15, 2005 10:25am
Forum: opensource_movies Subject: deleted

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This post was modified by Darrell Wright on 2005-02-15 18:25:25

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Poster: FP Date: Dec 30, 2004 6:02am
Forum: opensource_movies Subject: Re: Copyrighted music in Open Source Video posts?

Darrell -

I'm not trying to be confrontational here, but your copyright advice, if followed, could be a recipe for disaster. You can point out any number of cases in which people "got away with" sampling, but it's almost always a violation of copyright law. Who wants to be the one person in an infringing crowd who gets pulled out and legally sanctioned with life-destroying fines or worse? "Everybody else is doing it" is no defense in court.

This post was modified by FP on 2004-12-30 14:02:47

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Poster: Darrell Wright Date: Feb 15, 2005 10:27am
Forum: opensource_movies Subject: deleted

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This post was modified by Darrell Wright on 2005-02-15 18:27:21

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Poster: FP Date: Dec 30, 2004 7:30am
Forum: opensource_movies Subject: Re: Copyrighted music in Open Source Video posts?

> A simple question for you. Are you making any money off of your video that you place here? <

I have had offers to submit my clipflims to syndicated TV shows, so the potential for a very small return exists. Because the video alone is taken from public domain offerings here at archive.org, and the audio is original music by me, the risk of infringement is extremely small.

>Since most of the videos found in the archive have clips used from different television shows and sometimes even dialogue from such said copyrighted shows. Are these also an infringement against copyright laws. <

I don't think that most (or any) of the videos here contain footage from copyrighted TV shows, and I've seen hundreds of them. There may be some movies in this Open Source section that have TV show clips. I haven't seen them all. If they have clips that exceed the nebulous, shrinking fair use definition, they infringe.

> gave several examples of what the law has shown about the use of copyrighted music. However, maybe a better question to ask yourself is am I in violataion of using copyrighted video pieces in my production.<

I haven't seen the work by you that has apparently been taken down, so I don't know. If you used the music mentioned above, that music is still owned by various record labels. There may be no significant action taken by the corporations who own it, but they have the right at any time to request that infringing work is removed and to take legal action if they so desire. Posting infringing work here endangers the entire archive.

I think current copyright law - and the stronger laws in the works - greatly overstep the useful application of copyright. However, these laws exist and can be enforced, so why cause potential trouble when it's completely unnecessary?

Like I said, I haven't seen your videos that sparked this discussion, but there is plenty of music that may be safer and more appropriate to use to accompany your work. The audio section of archive.org has thousands of songs by "netlabels" and individuals, offered under various public licenses, many of which could be used as video soundtracks for your Open Source offerings. Or, you could write your own soundtracks - which is what I do.

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Poster: Darrell Wright Date: Feb 15, 2005 10:29am
Forum: opensource_movies Subject: Deleted

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This post was modified by Darrell Wright on 2005-02-15 18:29:10

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Poster: FP Date: Dec 30, 2004 12:57pm
Forum: opensource_movies Subject: Re: Copyrighted music in Open Source Video posts?

> For your information I had one of the highest rated videos on the election 2004 part of this site. And it still can be found there as well as in this part of the archive. <

Congratulations, Darrell. I haven't kept such score with my own humble submissions.

>I am only offering advise to some of the video uploaders to keep them from fearing persecution from individuals like yourself.<

I'm not a persecutin' kind of guy. I reponded only to your posts about copyright.

>there are many videos that include news footage from CNN, FOX, Cbs, NBC, etc. CNN, Fox, NBC and others<

I forgot about those. Isn't the "fair use" status of those up in the air, due to the OUTFOXED documentary?

>Other footage found on this site has included Buck Rogers In the Twenty-Fifth Century, The A Team, The Fall Guy, Charlies Angels, Etc<

I have definitely not seen those. Maybe they slipped past the overworked archive staff?

>Unless you own a video camera and have staged every single shot in your video, used only the video graphic elements available in your computer to create every image in the film, you have basically broken a copyright law according to your way of thinking. <

I never said that. In above posts, I specifically addressed only the use of recorded music that is still owned by a record label.

>Why don't you ask Filmmaker Kevin Smith what he thinks about this discussion<

Even if I knew Kevin, I'm sure has other things to worry about. He plays in a bigger arena.

>So maybe your copyright law arguement holds little or no water here at the archive. <

That's for others to ultimately decide. I merely jumped in because the topic was interesting, but the adversarial tone this discussion has taken is surprising and unpleasant.

>Now that I have this out of the way, What are your videos and in what section of the archive are they located at. <

For convenience, a central listing of my clipfilms can be found here:
http://www.frankpanucci.com/Prelinger/Prelinger.htm
You will find them harmless, yet posessed of a certain odor.